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International

Felicity AlexanderEditor's message: The globalisation of trade has led many employers to establish a base abroad to facilitate business growth by having a local presence. Employers may either employ local workers and/or second or relocate their existing employees. A relevant factor is a priority recruitment system in favour of national workers. Where the employer transfers an existing employee abroad, it may be appropriate for the employer to issue a new contract to the employee with his or her agreement.

One key decision for a multinational employer is whether to engage employees on terms and conditions that are tailored for particular countries or regions, or are substantially the same for all locations. The employer, in making this decision, should consider the minimum requirements that apply to employment contracts under national employment laws, as well as under regional regulation, local rules and collective agreements.

Global employers will need to take account of rules that derive from the local state legislature, regional authorities and relevant collective agreements, as well as announcements of forthcoming law changes. In some jurisdictions, the government may announce new legislation, but delay its implementation for several years until it is brought into force, without warning, by publication in the official gazette.

Felicity Alexander, employment law editor

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HR and legal information and guidance relating to international employment and HR issues.